CONDITION

In Law, has been defined in the most general sense, "A restraint annexed to a thing, so that by the non-performance the party shall receive lo , and by the performance advantage." It is most commonly need to signify a term whereon a grant is made: e. g. grant of an estate to A., on condition that the grantee shall pay such a sum on such a day, or else his estate shall cease. Conditions of this description maybe implied by law: as, where tenant for life enfeoffs a stranger in fee simple, he forfeits his estate for the breach, as it is said, of the implied condition not lo grant a greater estate than his own. Conditions are precedent, when an estate Is gained on the performance of them; MtoefHeitt, when the condition is to be performed after the acquisition of the estate which is lost by its non-performance. Hut the distinctions between these two cla es are numerous and minute. In general, where a condition is of such a nature that compensation can he made for its non-perlorm nice, equity will relieve Ihe party breaking it from the consequences of the breach on making such compensation. [s. 285]